Skip to content

Case Detail

[Subscribe to updates]
Case TitleRetained Risk Managers LLC v. Internal Revenue Service
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2016cv00005
Date Filed2016-01-04
Date Closed2017-09-06
JudgeSenior Judge Stephen M McNamee
PlaintiffRetained Risk Managers LLC
Case DescriptionRetained Risk Managers, a business being audited by the IRS, submitted a FOIA request to the IRS for records concerning the agency's audit investigation of the company. The IRS responded that it had no records and Retained Risk Managers filed an administrative appeal, which the agency upheld. The agency then identified 177 responsive pages and withheld 115 pages under Exemption 3 (other statutes). The agency's letter also suggested mediation to resolve the dispute. Retained Risk Managers filed a complaint with the Office of Government Information Services, but after seven months OGIS informed Retained Risk Managers that the IRS was unwilling to mediate the dispute. Retained Risk Managers then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantInternal Revenue Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-041COMPLAINT for Injunctive Relief. Filing fee received: $ 400.00, receipt number 0970-2488492 filed by Retained Risk Managers LLC. (submitted by Derek Kaczmarek) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(LAD) (Entered: 01/05/2016)
2016-01-042SUMMONS Submitted by Retained Risk Managers LLC. (submitted by Derek Kaczmarek) (Attachments: # 1 Summons)(LAD) (Entered: 01/05/2016)
2016-01-043Corporate Disclosure Statement by Retained Risk Managers LLC. (submitted by Derek Kaczmarek) (LAD) (Entered: 01/05/2016)
2016-01-044Filing fee paid, receipt number 0970-2488492. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-16-00005-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LAD) (Entered: 01/05/2016)
2016-01-055Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons)(LAD) (Entered: 01/05/2016)
2016-01-066SCHEDULING ORDER (FOIA). Signed by Judge Diane J Humetewa on 1/6/2016. (LFIG) (Entered: 01/06/2016)
2016-02-047NOTICE of Appearance by Kieran ONeill Carter on behalf of Internal Revenue Service. (Carter, Kieran) (Entered: 02/04/2016)
2016-02-058First MOTION for Extension of Time to File Answer by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 02/05/2016)
2016-02-059ORDER granting 8 Motion for Extension of Time to File an Answer or Other Responsive Pleading. Defendant's answer or other responsive pleading is due 3/15/2016. See attached order. Signed by Judge Diane J Humetewa on 2/5/2016.(LMR) (Entered: 02/05/2016)
2016-03-1410Second MOTION for Extension of Time to File Answer by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 03/14/2016)
2016-03-1411ORDER granting the 10 Motion for Extension of Time and allowing Defendant up to and including April 5, 2016 to file an answer or otherwise respond to Plaintiff's complaint. Signed by Judge Diane J Humetewa on 3/14/2016.(LFIG) (Entered: 03/14/2016)
2016-04-0612ANSWER to 1 Complaint by Internal Revenue Service.(Carter, Kieran) (Entered: 04/06/2016)
2016-07-0613MINUTE ORDER: This case is reassigned to Senior Judge Stephen M McNamee. All future filings shall reflect the following case number: CV-16-0005-PHX-SMM. All existing deadlines are affirmed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 07/06/2016)
2016-07-2714Joint MOTION for Leave to File Dispositive Motions by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 07/27/2016)
2016-08-0415ORDER granting 14 Motion for Leave to File a Dispositive Motion. Defendant shall file its dispositive motion by August 26, 2016; Plaintiff shall file its cross-motion and/or opposition to Defendant's dispositive motion by October 28, 2016; Defendant shall file any opposition to Plaintiff's cross-motion and any reply to Plaintiff's opposition by November 18, 2016; and Plaintiff shall file a reply to Defendant's opposition by December 2, 2016. Signed by Senior Judge Stephen M McNamee on 8/3/2016.(LMR) (Entered: 08/04/2016)
2016-08-2616MOTION for Summary Judgment by Internal Revenue Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Carter, Kieran) (Entered: 08/26/2016)
2016-08-2617STATEMENT OF FACTS re: 16 MOTION for Summary Judgment by Defendant Internal Revenue Service. (Attachments: # 1 Declaration of Shante Brown, # 2 Declaration of Ocie Baker, # 3 Declaration of Kieran Carter, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Carter, Kieran) (Entered: 08/26/2016)
2016-10-2818RESPONSE to Motion re: 16 MOTION for Summary Judgment filed by Retained Risk Managers LLC. (Attachments: # 1 Text of Proposed Order)(Kaczmarek, Derek) (Entered: 10/28/2016)
2016-10-2819MEMORANDUM in Support of 18 Response to Motion for Summary Judgment by Plaintiff Retained Risk Managers LLC. (Kaczmarek, Derek) (Entered: 10/28/2016)
2016-10-2820DECLARATION of Patrick Flanery re: 19 Memorandum, 18 Response to Motion for Summary Judgment by Plaintiff Retained Risk Managers LLC. (Kaczmarek, Derek) (Entered: 10/28/2016)
2016-10-2821*DECLARATION of David Jojola re: 19 Memorandum, 18 Response to Motion for Summary Judgment by Plaintiff Retained Risk Managers LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B1, # 3 Exhibit Exhibit B2, # 4 Exhibit Exhibit C)(Kaczmarek, Derek) *Modified to seal Exhibits B-1 and B-2 pursuant to Doc. 24 on 11/4/2016 (ATD). (Entered: 10/28/2016)
2016-11-0122MOTION to Seal Document Incorrectly Filed Exhibits by Retained Risk Managers LLC. (Attachments: # 1 Text of Proposed Order)(Kaczmarek, Derek) (Entered: 11/01/2016)
2016-11-0123Additional Attachments to Main Document re: 21 Declaration of David Jojola by Plaintiff Retained Risk Managers LLC. (Attachments: # 1 Exhibit B continued)(Kaczmarek, Derek) (Entered: 11/01/2016)
2016-11-0424ORDER granting 22 Motion to Seal Incorrectly Filed Exhibits. The Clerk of Court shall seal Doc. 21 , Exhibits B-1 and B-2. FURTHER ORDERED that by Friday November 18, 2016, Plaintiff shall filed a redacted version. Plaintiff shall title its pleading Redacted Doc. 21, Exhibits B-1 and B-2. Signed by Senior Judge Stephen M McNamee on 11/04/2016. (ATD) (Entered: 11/04/2016)
2016-11-0725REDACTION to 21 Declaration of David Jojola by Retained Risk Managers LLC. (Attachments: # 1 Exhibit Exhibit B-1, # 2 Exhibit Exhibit B-2)(Kaczmarek, Derek) (Entered: 11/07/2016)
2016-11-1826REPLY to Response to Motion re: 16 MOTION for Summary Judgment filed by Internal Revenue Service. (Attachments: # 1 Declaration of Tim Salsberry)(Carter, Kieran) (Entered: 11/18/2016)
2016-11-1827MOTION for Leave to File Response to Defendant's Statement of Uncontested Material Facts by Retained Risk Managers LLC. (Attachments: # 1 Text of Proposed Order)(Kaczmarek, Derek) (Entered: 11/18/2016)
2016-11-1828***Filed at 31 per Order 30 ***LODGED Proposed Plaintiff's Response to Defendant's Statement of Uncontested Material Facts re: 27 MOTION for Leave to File Response to Defendant's Statement of Uncontested Material Facts . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Retained Risk Managers LLC. (Kaczmarek, Derek) Modified on 1/4/2017 (REK). (Entered: 11/18/2016)
2016-12-0129RESPONSE to Motion re: 27 MOTION for Leave to File Response to Defendant's Statement of Uncontested Material Facts filed by Internal Revenue Service. (Carter, Kieran) (Entered: 12/01/2016)
2017-01-0430ORDER granting 27 Motion for Leave to File Plaintiff's Opposition to Defendant's Statement of Uncontested Facts. The Clerk of Court shall file Plaintiff's Response to Defendant's Statement of Uncontested Material Facts, which is lodged at Doc. 28 . Defendant may file a 4-page Supplement to its Reply by 1/20/2017. See order for additional details. Signed by Senior Judge Stephen M McNamee on 1/3/2017.(LMR) (Entered: 01/04/2017)
2017-01-0431RESPONSE re: 17 Statement of Facts by Plaintiff Retained Risk Managers LLC. (REK) (Entered: 01/04/2017)
2017-08-2332MINUTE ORDER: Status Conference is set for 9/6/2017 at 03:00 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 08/23/2017)
2017-08-2533NOTICE of Appearance by David R Jojola on behalf of Retained Risk Managers LLC. (Jojola, David) (Entered: 08/25/2017)
2017-08-2834MOTION for Leave to Appear Telephonically at September 6, 2017 Status Conference by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 08/28/2017)
2017-08-2835*NOTICE of Appearance/ Association of Counsel re: attorney Giselle Alexander by Retained Risk Managers LLC . (Alexander, Giselle) *Modified to correct event on 8/29/2017 (REK). (Entered: 08/28/2017)
2017-08-2836ORDER granting 34 motion to appear telephonically at status conference set for September 6, 2017 at 3:00 p.m.: Counsel Carter is directed to call Judge McNamee's chambers five (5) minutes before the start of the proceeding. See order for additional details. Signed by Senior Judge Stephen M McNamee on 8/28/2017.(LMR) (Entered: 08/28/2017)
2017-09-0637STIPULATION of Dismissal by Internal Revenue Service. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 09/06/2017)
2017-09-0638ORDER pursuant to Stipulation for Dismissal With Prejudice 37 : Any and all claims are dismissed with prejudice, with all parties to bear their respective costs and attorney's fees. Defendant's motion for summary judgment 16 is denied as moot. Status hearing set for 9/6/2017 at 3:00 PM is vacated. Signed by Senior Judge Stephen M McNamee on 9/6/2017. (LMR) (Entered: 09/06/2017)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar